MCU14/0028 Appendix 2 EnvProtAct 1994

                                                     Environmental Protection Act 1994
              Chapter 5 Environmental authorities and environmentally relevant activities
                                                              Part 4 Notification stage

                                                                                  [s 159]

        (3)   The authority may decide to allow the application to proceed
              only if it is satisfied there has been substantial compliance
              with the public notice requirements.
        (4)   If the decision is that the application may proceed, the
              authority must, within 10 business days after the decision is
              made, give the applicant written notice of the decision.
        (5)   If the authority decides not to allow the application to
              proceed—
              (a)    any steps purportedly taken to comply with the public
                     notice requirements are of no effect; and
              (b)    the authority must, within 10 business days after the
                     decision is made—
                     (i)   fix a substituted way to give or publish the
                           application notice and give the applicant written
                           notice of the substituted way; and
                     (ii) fix a new submission period for the application and
                          give the applicant written notice of the period; and
                     (iii) give the applicant an information notice about the
                           decision.
        (6)   The stated substituted way to give or publish the application
              notice applies instead of the requirements for giving or
              publishing the notice under section 152.
        (7)   If the administering authority states a substituted way to give
              or publish the application notice, section 158 applies to the
              applicant as if—
              (a)    a reference to section 152 were a reference to the notice
                     given under subsection (5)(b)(i); and
              (b)    a reference to the submission period were a reference to
                     the submission period fixed under subsection (5)(b)(ii).
        (8)   Despite subsection (5)(a), if the administering authority
              decides not to allow the application to proceed, any properly
              made submissions for the application continue to have effect.


Current as at 20 February 2014                                                 Page 127